What is Abu Hanifa's position regarding liability for torts committed by a mortgaged slave?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 10 · Bab 1

Open in Qurani

Primary text

Abu Hanifa holds that the pledgee is liable for the slave's tort. If the pledgee ransoms the slave, he is not reimbursed. If the mortgagor ransoms the slave or the slave is sold due to the tort, the pledge debt is extinguished if it equals the ransom amount. This is based on his fundamental principle that the pledge is a guarantee (*daman*) borne by the pledgee.